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[2017] ZAGPPHC 174
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S v Dungan (39/2017, B222/686/2016, A99/2017) [2017] ZAGPPHC 174 (2 March 2017)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
A99/2017
2/3/2017
HIGH
COURT REVIEW NO: 39/2017
CASE
SERIAL NO:
8222/686/2016
REVIEW
REFERENCE NO. 1/4/13 JM -Rama
DATE:
22 February 2017
In
the matter between
THE
STATE
and
JABULO,
VUYO DUNGAN
REVIEW
JUDGMENT
JANSE
VAN NIEUWENHUIZEN J
1.
The accused was convicted in the Hatfield Magistrates Court of
contravening section l(l)(a) read with sections l(1A), 1(2)
and
2 of the Trespass Act 6 of 1959 ("'the Act")
and sentenced to a fine of R 4 000,00 or eight months imprisonment
of
which R 2 000.00 or four months imprisonment was
suspended for a period of five years on
condition that the accused is not convicted of contravening
section 1 or 2 of Act 6 of 1959 read with section 250(1
)(d) of
Act 51 of 1977 during the period of suspension.
2.
The sentence imposed on the accused does not accord with the penalty
provisions contained in section 2 of the Act. Section
2
provides for a fine not exceeding R 2000. 00 or a period of
imprisonment not exceeding two years or both such fine and
imprisonment.
3.
In view of the aforesaid, the court
a quo
referred the matter
to this court for a special review in terms of the provisions
of section 304(4) of the Criminal
Procedure Act. 51 of 1977.
4.
Having had regard to the facts
supra
I am satisfied that the
proceedings in the court
a quo
was not in accordance
with justice and stands to be set aside.
5.
In the premises. the following order is granted:
Order
The
sentence of a fine of R 4 000. 00 or eight
months imprisonment of which R 2 000. 00
or four
months imprisonment is suspended for a period of five years on
condition that the accused is not convicted
of
contravening section 1 or 2 of Act 6 of 1959 read with
section 250(1)(d) of Act 51 of 1977 during the period of
suspension
1s set aside and substituted with the following sentence:
"The
accused is sentenced to a fine of R 2 000,00 or eight
(8) months imprisonment of which R
1 000,00 or
four months imprisonment is suspended for a
period of five years on condition that the
accused is not
convicted of contravening section 1 or 2 of Act 6 of
1959 read with section
250(l)(d) of Act 51 of 1977
during the period of
suspension."
________________________
N
Janse van Nieuwenhuizen
Judge
of the High Court of South Africa
Gauteng
Division, Pretoria
I
agree and it is so ordered
________________________
H
J de Vos
Judge
of the, High Court of South Africa
Gauteng
Division, Pretoria